El-Faqih : Jurnal Pemikiran dan Hukum Islam
El-Faqih, Jurnal Pemikiran dan Hukum Islam, ISSN, 2503-314X ( Online) and 2443-3950 (Print) is a peer-reviewed journal published by the Faculty of Sharia, IAI Faqih Asyari Kediri. This scholarly periodical specializes in the study of Islamic law and seeks to present the various results of the latest research, both conceptual-doctrinal and empirical, in the field. The editors welcome contributions in the form of articles to be published after undergoing a manuscript selection mechanism, peer-review, and editing process. The journal is published twice a year in April and October. It is now a fully online journal, and it only accepts manuscript submissions written in Indonesia, English, and Arabic.
Articles
176 Documents
<![CDATA[Menangkal Faham Radikal Berbasis Pondok Pesantren Bahasa Arab ]]>
<![CDATA[Mohamad Ma’mun]]>
<![CDATA[ El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 6 No 1 (2020): EL FAQIH ]]>
Publisher : <![CDATA[Institut Agama Islam (IAI) Faqih Asy'ari Kediri ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.29062/faqih.v6i1.102
<![CDATA[The phenomenon of terrorism action using violence in Muslim radicalism makes jihad the reason for justification as well as a theological foundation. It takes a preventive model of radicalism that continues to propagate in various fields. One of the Pesantren who took part in the prevention of radicalism through educational pathways is Pondok Pesantren Syahamah. The purpose of this research is to describe the concept and process of learning in the Islamic boarding school of Syahamah and to describe the strategy performed by the Islamic boarding school of Shahamah in the ward against radicalism. Using the qualitative method of phenomenology technique is known that Pondok Pesantren Syahamah is a non-formal Islamic education institution that is based on Islam Ahlussunnah wal Jama'ah under the auspices of Yayasan Syahamah. The vision of Pondok Pesantren Syahamah is to be a model and excels in the teaching of religious sciences according to Manhaj Ahlussunnah wal Jama'ah, also in the teaching of Arabic that combines the classical and modern methods. His activities, Syahamah classifies it into several parts: the field of religion, social areas and the economic field. The period of education in Ponpes Syahamah is 3 years, reached in 3 classes, namely the Ula Class (Basic), Wustha Class (intermediate) and ' Ulya (high) class and each class consists of two semesters. The strategy that is used in Pondok Pesantren Syahamah is Tadrij al-Tadris learning, Strategy Model learning Talaqqi and Strengthening mastery science nahwu Sharaf]]>
<![CDATA[Ekstrimisme dalam Tafsir ]]>
<![CDATA[Asyhari]]>
<![CDATA[ El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 6 No 1 (2020): EL FAQIH ]]>
Publisher : <![CDATA[Institut Agama Islam (IAI) Faqih Asy'ari Kediri ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.29062/faqih.v6i1.103
<![CDATA[The main cause of radicalism is the distorted understanding of the Qur'an and hadith. One of the Qur'anic verses used to legitimize the precept of the extreme radical group is Q. S al-Maidah: 44. Explicitly this verse seems to justify the radical group's claim that in this world all people have infidels because no one applies the Islamic law perfectly. Sayeed Qutb (d. 1966) is referred to as one of the people of the Muslim Brotherhood in Egypt interpreting the verse on a textual basis. Using the library research method, researchers answered two basic problems; (1) How Sayeed Qutb interprets Q. S al Maidah: 44?, (2) How do the scholars interpret Q. S al Maidah: 44?. To answer the researcher to comb the interpretation of Sayeed Qutb in the book of Zilal al-Qur'an, then compare it with the interpretation of the other scholars in the books of interpretation. This research resulted in the conclusion that Sayeed Qutb's interpretation of Q. S al-Maidah: 44 is deviant from the interpretation of all Islamic scholars. The interpretation of Sayeed Qutb precisely corresponds to the interpretation of the Khawarij group at the time of the Caliph Ali ibn Abi Talib. The scholars interpret the passage with three interpretations. First, the meaning of kufr in the verse is a major sin, secondly, that a person is considered infidels when not applying Islamic law because of legal reasons other than Islam is better than Islamic law, third, the passage is revealed to the Jews, that the Jews who did not apply Islamic law were unbelievers.]]>
<![CDATA[Etika Al-Mashlahah: Studi Pemikiran Moral Mohammad Abed Al-Jabiri ]]>
<![CDATA[Achmad Bahrur Rozi]]>
<![CDATA[ El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 6 No 1 (2020): EL FAQIH ]]>
Publisher : <![CDATA[Institut Agama Islam (IAI) Faqih Asy'ari Kediri ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.29062/faqih.v6i1.104
<![CDATA[The point of this study is the thought of Muhammad Abed al-Jabiri about the moral concept in Islam. Al-mashlahah, according to al-Jabiri, is the moral principle of Islam. Al-mashlahah represents the pure principle of Islamic ethics stemming from al-Qur’an and as-Sunnah. This theory based on the principle of utility; good and ugly determined by consequence of the act, non-action itself. Worthwhile action in al-mashlahah category must be relied on universal of syari’at (taking care of religion, soul, clan, properties, and mind). Al-mashlahah woke up above the principle of compatibility between mental activity and texts. Al-mashlahah does not characterizes secular and therefore can be made alternatively to Utilitarianism.]]>
<![CDATA[Efektivitas Mediasi dalam Penyelesaian Perkara Perceraian di Pengadilan Agama Kota Kediri ]]>
<![CDATA[Mohammad Muizzudin]]>;
<![CDATA[Achmad Asfi Burhanudin]]>
<![CDATA[ El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 6 No 1 (2020): EL FAQIH ]]>
Publisher : <![CDATA[Institut Agama Islam (IAI) Faqih Asy'ari Kediri ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.29062/faqih.v6i1.105
<![CDATA[Mediation is the process of resolving disputes through a negotiation or consensus process by the parties assisted by a mediator who has no authority to interrupt or impose a settlement. In reality, the implementation of mediation is still less effective in resolving a case, evidenced by the least of things successfully resolved by mediation. The problem that will be discussed in this research is about the effectiveness of mediation as a means of reconciling the cause, whose main goal is to reduce the number of cases, and also to know the success rate of mediation. Especially in the case of divorce in Kediri city religious court. The method used in this research is a case study, which is a research conducted intensively, detailed and in-depth to a particular organization, institution or symptom, and seeks to maintain the integrity of the object. The object of this study was mediation in the Kediri religious court about mediation on divorce in 2017. Field research as complementary. This study uses qualitative analysis by thinking inductive-analytic descriptionist-analytical as well as using the normative-juridical approach. And in collecting data using observations, interviews and document searches. Based on the results of the research, it is known that mediation in the case of divorce that occurred in Kediri religious court year 2017 ineffective. The most prominent cause of this is the strong determination of litigants to divorce]]>
<![CDATA[Perdebatan Maslahah Mursalah dalam Kitab-Kitab Al-Imam Al-Ghazali ]]>
<![CDATA[Mohammad Hadi Sucipto]]>;
<![CDATA[Khotib]]>
<![CDATA[ El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 6 No 1 (2020): EL FAQIH ]]>
Publisher : <![CDATA[Institut Agama Islam (IAI) Faqih Asy'ari Kediri ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.29062/faqih.v6i1.106
<![CDATA[Al-Imam al-Ghazali had an important role in contributing thoughts about the Maslahah. Among his books in the field of Usul fiqh is, al-Mankhul, Syifa’ Ghalil and al-Mustashfa, in his three books he writes about the Maslahah, although some are described globally in one of his scriptures while in another book is written in detail. This resulted in the scholars ' debate about the view of al-Imam al-Ghazali. In the book al-Mankhul maslahat mursalah used the term al-Istidlal al-Mursal is a maslahah that there is no recognition of a proposition as a maslahah and also no rejection as a maslahah, not including the type recognized by the Shara ' and not by the purpose desired by Shara'. In the Book of Syifa' Ghalil using the definition of maslahah that there is recognition of the Shara ' although there is no specific evidence that recognizes the Maslahah and in the book Al-Mustashfa is to keep the purpose of Shara ', the purpose of Shara The controversy of the concept of Maslahah in the three books, Imam al-Ghazali practised the Maslahah daruriyyat, Maslahah hajjiyyat in the emergency position, Maslahah hajjiyyat and maslahah tahsiniyyat that there is recognition of Shara '.]]>
<![CDATA[Ekstrimisme dalam Tafsir ]]>
<![CDATA[Asyhari]]>
<![CDATA[ El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 5 No 1 (2019): EL-FAQIH ]]>
Publisher : <![CDATA[Institut Agama Islam (IAI) Faqih Asy'ari Kediri ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.29062/faqih.v5i1.99
<![CDATA[The main cause of radicalism is the distorted understanding of the Qur'an and hadith. One of the Qur'anic verses used to legitimize the precept of the extreme radical group is Q. S al-Maidah: 44. Explicitly this verse seems to justify the radical group's claim that in this world all people have infidels because no one applies the Islamic law perfectly. Sayeed Qutb (d. 1966) is referred to as one of the people of the Muslim Brotherhood in Egypt interpreting the verse on a textual basis. Using the library research method, researchers answered two basic problems; (1) How Sayeed Qutb interprets Q. S al Maidah: 44, (2) How do the scholars interpret Q. S al Maidah: 44?. To answer the researcher to comb the interpretation of Sayeed Qutb in the book of Zilal al-Qur'an, then compare it with the interpretation of the other scholars in the books of interpretation. This research resulted in the conclusion that Sayeed Qutb's interpretation of Q. S al-Maidah: 44 is deviant from the interpretation of all Islamic scholars. The interpretation of Sayeed Qutb precisely corresponds to the interpretation of the Khawarij group at the time of the Caliph Ali ibn Abi Talib. The scholars interpret the passage with three interpretations. First, the meaning of kufr in the verse is a major sin, secondly, that a person is considered infidels when not applying Islamic law because of legal reasons other than Islam is better than Islamic law, third, the passage is revealed to the Jews, that the Jews who did not apply Islamic law were unbelievers.]]>
<![CDATA[Maqasid Al-Shari’ah Perspektif Abu Ishaq Al-Shatibi ]]>
<![CDATA[Mohamad Ma’mun]]>
<![CDATA[ El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 6 No 2 (2020): EL FAQIH ]]>
Publisher : <![CDATA[Institut Agama Islam (IAI) Faqih Asy'ari Kediri ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Imam al-Shatibi is one of usuliyyun (expert on the science of Usul fiqh) who can describe the concept of maqasid al-shari'ah systematically and in detail. Through his phenomenal masterpiece, Kitab al-Muwafaqat, he explained that shari’ah was passed down to humans solely for their welfare. The Book of Muwafaqat discusses general rules about human life, rules and limits that all humans are obliged to obey and carry out so that their lives are orderly and safe. People who practice shari’ah Islam are the freest and most calm people, because all the teachings, both small and large, contain maslahah for the man himself, even though he is not aware of it. Conversely, those who come out and disobey the rules will be bound and fettered by their lusts. Although they may look nice and pleasant, they are essentially loss and loss. Imam al-Shatibi dividing maslahah into three levels, namely the Needs Daruriyyah, Needs Hajjiyah, and Needs Tahsiniyyah.]]>
<![CDATA[Reinterpretasi Hadist Mesoginik Tentang Penciptaan wanita Dari Tulang Rusuk Laki-Laki ]]>
<![CDATA[Mubaidi Sulaeman]]>
<![CDATA[ El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 6 No 2 (2020): EL FAQIH ]]>
Publisher : <![CDATA[Institut Agama Islam (IAI) Faqih Asy'ari Kediri ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Islam comes when women's standing is still likened to that of objects and inferior to animals. They can be traded even inherited. Since thousands of years ago, women were placed as subordinates of men. Even from the many defences of Islamic teachings, the importance of lifting the degree of women, both in public and private spaces feels ignored, because some religious evidence (read: Qur'an and Hadith) tend to be interpreted mesoginikly. This paper is about the hadith which describes the creation of women from the ribs of men takhrij and syarah which is considered mesoginik. The hadiths chosen are those narrated by al-Bukhaari, Muslim, Ahmad Ibn Hambal and Tirmidhi in tahrij to raise the degree of hadith to a higher degree of legal force. In addition, in this paper, the author wants to explain the understanding of these hadiths in the frame of feminism. The opinions of feminists such as Amina Wadud and Rifat Hasan, it is important today to be heard as a counterweight to the religious interpretations that have tended to be mesoginic.]]>
<![CDATA[Urgensitas Kisah dalam Al-Qur’an ]]>
<![CDATA[Suhaimi]]>
<![CDATA[ El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 6 No 2 (2020): EL FAQIH ]]>
Publisher : <![CDATA[Institut Agama Islam (IAI) Faqih Asy'ari Kediri ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Recently, the Indonesian people are often shocked by various natural events that have occurred in several parts of Indonesia. Uniquely, some of the series of events that occurred had happened to people before the Prophet Muhammad. and even then all have been covered in the al-Qur'an as the holy book of Muslims. The stories in the Al-Qur'an (Qasa> s al-Qur'a> n) are true stories in the Koran that have previously happened. This is intended to be an important lesson for Muslims as much as possible. If studied in-depth, there is a correlation between natural disasters that occurred and the stories contained in the Al-Qur'an. Therefore, in this article, we will discuss the urgency of the story in the Al-Qur'an in relation to natural disasters that occurred in Indonesia.]]>
<![CDATA[Inseminasi Buatan Dalam Perspektif Yusuf Al Qordlowi ]]>
<![CDATA[Sapri Ali]]>
<![CDATA[ El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol 6 No 2 (2020): EL FAQIH ]]>
Publisher : <![CDATA[Institut Agama Islam (IAI) Faqih Asy'ari Kediri ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Facing the social development of modern society that raises new legal problems, we need a method of determining the law that can answer new legal problems. Establishment of laws on contemporary issues is not enough to rely on and restore the problem to the Qur'an and Sunnah, because it must be recognized that the Qur'an only contains some detailed laws, while the Sunnah is limited to cases that occur during Rasulullah SAW, then to solve new problems, ijtihad is needed. The purpose of Islamic law (maqashid al-shari'ah) in establishing the law includes maintaining the benefit of religion, soul, reason, progeny and property.In his description, Al-Qardlawi explained that putting another man's water in a deliberate manner in a field where there is no shari'ah bondage 'protected by sharia law' would therefore include adultery because the essence is one and the result is also one. If there are no restrictions in the form of violations of the law, of course, the law of artificial insemination includes adultery that has been determined by sharia law 'and the sentence is stipulated in the Qur'an]]>
